AlphaTex trial gets under way in Canyon

Published 2:36 pm, Tuesday, January 17, 2012

CANYON - Testimony began Tuesday afternoon in the hearing that will decide the fate of some 200 dogs seized in the ongoing AlphaTex Kennels case.

Only one witness - Humane Society of West Texas animal cruelty investigator Joe Cantu - has been called so far in the hearing that likely will last at least three days at the Randall County Justice Center.

As he did in an initial hearing in Floydada after which the ruling against AlphaTex was thrown out, Cantu described conditions at the kennel - located near Aiken and owned for the last 10 years by Mark and Sandra Smith - as less than desirable when he investigated in late September, accompanied by members of the Floyd County Sheriff's Department.

Cantu, acting after a complaint of neglect against the kennel was lodged by former AlphaTex employee Rebecca Terrell, said pens throughout the facility were extremely dirty, flies and dog feces were "everywhere" and the smell of urine was prevalent. He also said not all dogs had easy access to water, and what water was available was "extremely dark" and contained floating larvae.

Cantu also said many of the dogs were thin, had missing hair and some were walking on their elbows due to sore paws. Others had open wounds from apparent fighting, he said.

Dog carcasses and piles of bones were seen in some areas of the kennel, and Cantu described a horse that had a swollen knee "the size of a basketball.

"It was not in the best condition," he said of the kennel.

Representing the Smiths, attorney Paul Holloway of Plainview questioned Cantu's training in animal cruelty investigation and claimed one reason why he recommended the dogs be taken is because Cantu, a dog trainer in Lubbock, was in competition as a breeder with AlphaTex and sought to put them out of business. That's why he recommended the seizure instead of trying to educate the Smiths about stopping cruelty. Cantu denied that claim, saying his concern was the well-being of the animals.

Holloway, whose motion before Cantu took the stand regarding proper filing procedures was denied, also said Cantu's testimony about the conditions of the animals and the kennel conflicted with his written statement to Floyd County Sheriff Paul Raissez, who gained a seizure warrant based on Cantu's investigation.

In their opening statements that began around 3 p.m. following jury selection that started at 8:30 a.m., Holloway and Don Feare, the attorney from Arlington hired after Floyd County Attorney Lex Herrington recused himself, said the case centered around greed.

While Feare argued that the Smiths were greedy in that they ignored squalid conditions at the kennel, Holloway said greed was evident on behalf of Cantu and others who sought to put AlphaTex out of business.

Holloway also told the four-man, two-woman jury that many more dogs died after they were taken from the kennel and placed in foster facilities and homes across the state than did with the Smiths. He also said AlphaTex was visited by American Kennel Club inspectors on Aug. 30, and that photos of abuse were staged by humane society representatives.

"Looks can be deceiving," he said repeatedly.

Holloway also said a "perfect storm" came together - including circumstances regarding Mark Smith's health and an employee who quit - that led to the kennel's conditions being less than ideal.

The hearing is a repeat of one held in November in front of Floyd County Justice of the Peace Tali Jackson, who ruled against the Smiths. However, that decision was dismissed when the Smiths, who were ordered to pay more than $350,000 to the Humane Society of West Texas to recoup expenses in caring for the dogs, filed for indigent status. Rather than go through that process, Feare agreed to a new hearing.

This one is being held in District Judge John Board's 181st District Courtroom at the Randall County Justice Center after a change of venue was granted to Holloway, who said the Smiths could not receive a fair trial in Floydada and that death threats had been made against them.

It also was determined that a six-person jury would hear the case. Reportedly, the jury will decide whether the Smiths are guilty of neglect or cruelty before Board determines the future of the animals.